"Habeas corpus" is a writ utilized to bring a person before a court, most frequently to ensure that a person' s imprisonment or detention is not illegal. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration.Chapter 248: HABEAS CORPUS AND PERSONAL LIBERTY. Origin. Habeas corpus derives from the English common law where the first recorded usage was in 1305, in the reign of King Edward I of England. All money bills shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills. The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. These rules apply to all civil proceedings involved in cases traditionally considered tort, contract, replevin, or equity actions, except small claims actions. This petition, called a writ of Habeas Corpus, is filed in Federal Court (US District Court ) whether you are serving time in a federal or state prison. Habeas corpus has roots in English common law. In Latin, it translates to "you should have the body.